The story of a 17 year old boy with cancer and crutches who has to fight a divorce lawsuit for his p

Updated on society 2024-03-22
18 answers
  1. Anonymous users2024-02-07

    There is no need to return it, the woman is a minor, and the actions of both parties are contrary to the law, and the court will not support the man's claim through judicial means.

  2. Anonymous users2024-02-06

    At the age of 17, there should be no marriage certificate, and it is a common-law relationship. There is no dowry either, it should belong to the man's gift. Whether to return or not is voluntary for the woman.

  3. Anonymous users2024-02-05

    Even if it can be returned legally, you don't have to worry! Did the man show the evidence?? The other is to get the child in hand and then ask the man for high child support! This man is hateful.

  4. Anonymous users2024-02-04

    On the issue of bride price in marriage. Generally, it will not be returned. Even if you sue the court, it will not support it.

  5. Anonymous users2024-02-03

    Procedure for Voluntary Divorce:

    1. Application. When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration authority where one of the parties is registered with their household registration certificate, resident identity card, letter of introduction issued by their unit, villagers' committee or residents' committee, divorce agreement and marriage certificate.

    2. Review. The marriage registration authorities conduct a strict examination of divorce applications in accordance with the law, mainly to examine whether the parties are truly willing and whether they have reached an agreement on matters such as child support, financial assistance for one of the spouses, and property and debt disposal.

    3. Approval. For those who meet the conditions for voluntary divorce as stipulated in the Marriage Law, the registration authority shall approve the registration within one month from the date of acceptance of the application, issue a divorce certificate, and cancel the marriage certificate. The parties dissolve the relationship between the husband and wife from the time the divorce certificate is obtained.

    Litigation Divorce Procedure:

    The plaintiff needs to file a lawsuit with the people's court at the defendant's domicile (place of household registration) or place of residence (where he has lived in an area other than the place of household registration for more than one year) if the marriage registration authority does not accept the divorce application.

    Divorce by court judgment. For divorces that can be accepted by the marriage registration authorities, the parties can also go directly to the court to file a lawsuit, but only one of the two ways can be chosen.

  6. Anonymous users2024-02-02

    Divorce procedure refers to the legal formalities that must be performed to dissolve the marriage relationship between spouses. There are two main types of procedures in China: (1) administrative procedures.

    That is, the procedure of voluntary divorce between the parties. A man and a woman who voluntarily divorce must apply for divorce in person at the registration authority where one of the parties is registered. The marriage registration authority shall approve or disapprove the registration in accordance with the law after ascertaining whether the parties are indeed willing and whether the children and property and the problems of life after divorce have been properly handled.

    When registration is granted, the marriage certificate shall be withdrawn and a divorce certificate shall be issued. (2) Litigation Procedures. That is, the procedure in which one party requests a divorce.

    The party requesting a divorce may file a divorce lawsuit with the people's court where the defendant is located. After the people's court accepts the divorce case, it shall first conduct mediation, and if the mediation is successful, it shall be handled as a withdrawal of the lawsuit, and if a divorce agreement is reached after mediation, a mediation document shall be drafted and the divorce shall be agreed upon; If mediation fails, the people's court shall make a judgment in accordance with the law to grant or disapprove the divorce.

  7. Anonymous users2024-02-01

    There are two procedures for divorce. One is divorce by agreement, that is, when both parties agree to the divorce, and there is no dispute that child support and property division are discussed, both parties can write a divorce agreement and then go to the marriage registration department to register the divorce. If Party B does not agree to the above situation, then you have to go to the judicial authority to sue for divorce.

    Article 32 of the Marriage Law stipulates that: In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person with a spouse (2) Domestic violence or abandonment of family members.

  8. Anonymous users2024-01-31

    1. Prepare the prosecution materials and go directly to the court where the defendant is located to file a lawsuit.

    2. Specific materials can be consulted at the court on the spot.

    3. I wish you success.

  9. Anonymous users2024-01-30

    It's better not to leave or not to leave.

  10. Anonymous users2024-01-29

    The Marriage and Marriage Law has the following provisions on divorce:

    Article 31 of the Marriage Law stipulates that divorce shall be granted if both a man and a woman divorce voluntarily. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

    Article 32 stipulates that if a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation of a person with a spouse;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Those who have bad habits such as gambling and drug abuse that they do not change;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

  11. Anonymous users2024-01-28

    1. The time when the petition for annulment of marriage is filed.

    Article 11 of the Marriage Law: 1. A person who marries due to coercion shall submit a marriage within one year from the date of registration of the marriage. 2. Where personal liberty has been unlawfully restricted, it shall be submitted within one year from the date on which personal liberty is restored.

    2. The time when divorce cannot be filed.

    Article 34 of the Marriage Law: A man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

    3. Time for claiming damages.

    Article 27 of Interpretation II of the Marriage Law: Where a party submits a request for damages to the people's court on the grounds of Article 46 of the Marriage Law after completing the divorce registration formalities at the marriage registration authority, the people's court shall accept it. However, if the parties have expressly waived the request at the time of divorce by mutual agreement, or if the request is submitted one year after the divorce registration formalities have been completed, it will not be supported.

    4. Time limit for divorce proceedings.

    1. The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

    2. Where marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage, and the request shall be made within one year from the date of marriage registration; Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.

    The "one year" provided above does not apply to the suspension, interruption or extension of the statute of limitations.

    3. If the innocent party files a claim for damages with the people's court as the plaintiff, it must be filed at the same time as the divorce proceedings; In a divorce lawsuit in which the innocent party is the defendant, if the defendant does not agree to the divorce and does not file a claim for damages, he may file a separate lawsuit within one year after the divorce; In divorce litigation cases in which the innocent party is the defendant, and the defendant does not submit a claim for damages in the first instance, but submits it during the second instance, the people's court shall conduct mediation, and if mediation fails, inform the parties to file a separate lawsuit within one year of the divorce.

    4. At the time of divorce, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the joint property of the husband and wife may be divided or not divided among the party who has committed the above acts; After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

    The statute of limitations for a party's request to re-divide the joint property of the husband and wife is two years, calculated from the date of discovery by the party.

    5. In divorce cases where the judgment does not allow divorce and mediation and reconciliation, and there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it will not be accepted; Where the defendant sues, the time limit is not limited.

  12. Anonymous users2024-01-27

    It is necessary to have a broken relationship, and the circumstances of the broken relationship are: refer to the relevant judicial interpretation of the Supreme Court in 1989. The 14 circumstances that can be regarded as having broken down the relationship between husband and wife as listed in the Several Specific Opinions on How the People's Court Determines the Breakdown of Relationship between Husband and Wife in the Trial of Divorce Cases promulgated by the Supreme People's Court on November 21, 1989 are still of reference value if they do not conflict with the Marriage Law (Amendment).

    That is: 1 One party suffers from a disease that legally prohibits marriage, or one party has physical defects and other reasons that cannot have sex, and it is difficult to **.

    2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

    3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

    4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.

    5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.

    6 Arranged or bought or sold marriages, where one party files for divorce immediately after the marriage, or where they have lived together for many years but have not established a relationship between husband and wife.

    7. Where three years have elapsed since separation due to emotional discord and there is no possibility of reconciliation, or where divorce has been granted by a people's court and divorce has been granted for another year, and each other has not fulfilled their obligations as husband and wife.

    8 Where one party commits adultery or illegally cohabits with another person, and there is no sign of repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism, education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

    9 Where one party has bigamy and the other party files for divorce.

    10 One party has a habit of indulgence, gambling, etc., does not fulfill family obligations, and refuses to change his or her teachings, making it difficult for the husband and wife to live together.

    11. One party has been sentenced to a long-term prison sentence in accordance with the law, or has violated the law or committed a crime that seriously hurts the feelings of the husband and wife.

    12 Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, but no whereabouts are found through public announcement.

    13 Those who have been abused or abandoned by the other party, or who have been abused by the other party's relatives, or who have abused the other party's relatives, and who have not changed their ways after education, and the other party has not forgiven.

    14 The relationship between husband and wife has broken down due to other reasons. ”

  13. Anonymous users2024-01-26

    If the two parties are unable to reach an agreement on divorce matters, one party can file a divorce lawsuit in a court with jurisdiction, and when filing a divorce lawsuit in the court, the following materials need to be submitted:

    1. Identity information of both parties. Clause.

    2. A copy of the marriage certificate. Clause.

    3. The identity information of the child, such as the birth certificate. Clause.

    4. Indictment. The content of the complaint generally includes several large parts, such as the relationship status of the parties, the circumstances of the birth of children, the situation of property, the situation of creditor's rights and debts, and a description of whether there was a fault between the parties during the existence of the marital relationship. In addition, the plaintiff should specify the claims in the complaint, such as who should raise the children, who should own the property, and who should bear the debts and debts.

    Clause. 5. Evidentiary materials, lists, and corresponding evidentiary materials should be provided. The plaintiff provided the appropriate evidence to prove that the facts asserted and the claims raised in the complaint were reasonable. It should be reminded that the party who files a divorce lawsuit in court should pay the litigation fee in advance, and the litigation fee of the case is calculated according to the size of the property subject matter proposed in the plaintiff's claim.

  14. Anonymous users2024-01-25

    What kind of regulations, all the regulations, you have to say one day and one night!

  15. Anonymous users2024-01-24

    The court will make a judgment according to the circumstances in the judgment, first, if the man or the woman is unable to have children in the future, it will give priority to the other party. Second, according to the income of both parties, it will be awarded to the other party for the happiness of the child. In your case, you may have to pay 18 years of child support for each of you.

  16. Anonymous users2024-01-23

    There are two ways to get a divorce: registered divorce and litigated divorce.

    To register a divorce, the husband and wife can go to the marriage registration office to register the divorce if they reach a consensus through consultation. The content of the consensus should be reflected in the divorce agreement, including but not limited to the following: expression of intent to divorce, ownership of custody, payment of alimony, division of property, etc.

    In litigation divorce, the husband and wife cannot reach an agreement through negotiation, so they can only go to the court to sue for divorce, and the court will decide whether the divorce is granted, and at the same time will rule on issues such as the ownership of custody, the payment of alimony, and the division of property.

  17. Anonymous users2024-01-22

    After reading China's divorce and marriage law, after handling the divorce, the court does not accept the principle of remarriage, and the relevant property division contains fraud, you can apply to the people's court, including the divorce by agreement, if there is sufficient evidence to prove that there is fraud in the divorce by agreement, can you apply to the people's court?

  18. Anonymous users2024-01-21

    Buy a gift or buy it online.

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